JUDGMENT :

Vibha Kankanwadi, J.

1. Original accused – present appellant takes an exception to challenge his conviction in Sessions Case No.397 of 2010 by learned Additional Sessions Judge, Aurangabad on 17.02.2017, by holding the appellant guilty of committing offence punishable under Section 302 of Indian Penal Code.

2. The prosecution story is that deceased Shital Bansilal Manpure @ Shital Arjun Patthe @ Shital Raju Irche (as these names are appearing in the record) came to be admitted with Ghati Hospital, Aurangabad on 26.05.2010. The Medico Legal Certificate is stated to be given on 13.06.2010 to the police chowki situated within the hospital premises. She was admitted with 59% superficial to deep burns. After the Medico Legal Certificate was given, P.W.5 PHC Kautik Gore was asked by PSO Jawahar Nagar Police Station to carry out the further activities. Thereafter, he went to hospital and recorded the dying declaration around 11.40 p.m. after getting the endorsement by the medical officer that Shital was in a fit state of mind to give the statement. On the basis of said statement, offence came to be registered on 14.06.2010 under Section 307 of Indian Penal Code vide Crime No.96 of